What happens when a will becomes invalid?
What happens when a will becomes invalid?
The courts can invalidate a will for several reasons, including undue influence and fraud. A will should be made by a person of sound mind, with the intention of passing on the property after death. A minor, however, is not in a position to make such a decision.
Some circumstances may make a will invalid, though, such as when the testator is no longer mentally capable. A doctor's certification is necessary for this process, especially if the person has dementia or another mental condition. Another reason for invalidation is if the person was forced to make the will by someone else.
The process of invalidating a will can be a long and complicated process. A person may file a contest to challenge the document, but they must have grounds and standing. Having standing requires that the person who made the will have some financial stake in the outcome of the contest. A successful contest may result in a larger or smaller inheritance, or even no inheritance at all.
Another factor that may make a will invalid is marriage. Marriage can invalidate a Will, so it is important to seek legal advice if you're married. It's important to have your Will drafted properly before you get married. Otherwise, it will be nullified by a court of law.
If you have any questions or need a Will Attorney, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
